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Features

The Team Approach to Divorce Image

The Team Approach to Divorce

Andrea Vacca

How does the professional-team approach work in the collaborative process, and can attorneys who primarily litigate employ aspects of this approach to help settle their family law cases?

Custody of Pets Image

Custody of Pets

Laurence J. Cutler & Jeremy J. Sturgeon

Custody involves the well-being of children, and the physical and emotional bond they share with their parents. However, what do you do when parties have pets that they consider to be tantamount to children?

Features

Matrimonial Planning and the 2012 Tax Act Image

Matrimonial Planning and the 2012 Tax Act

Martin M. Shenkman

Overview of the impact of American Taxpayer Relief Act of 2012 (ATRA) on matrimonial matters.

Features

The 'Losing' Side of Legal Business Trends Image

The 'Losing' Side of Legal Business Trends

Joseph B. Altonji

Although happening slowly, project management and process improvement efforts are gradually improving the efficiency of U.S. legal practice, off-setting whatever demand growth the economy would otherwise have produced.

At the Intersection: Lawyer Assessment and Client Development Image

At the Intersection: Lawyer Assessment and Client Development

Doug Richardson

The profound changes in today's legal landscape suggest that it's time to reevaluate the utility of tools that objectively describe the operative style factors that affect lawyer success and lawyer-client business relationships.

Features

Restrictive Covenants and Partnership Agreements Image

Restrictive Covenants and Partnership Agreements

Cara E. Greene

This article examines the ethics of common partnership restrictive covenants, and suggests ways for firms to ethically protect the firm's interests.

Features

Judicial Scrutiny of Other Insurance Clauses Image

Judicial Scrutiny of Other Insurance Clauses

Spiro K. Bantis & Daniel W. London

When overlapping primary liability policies contain different "other insurance" clauses, approaches vary by jurisdiction and degrees of intellectual rigor.

Features

Insurance Claims for Solar Panel Defects Image

Insurance Claims for Solar Panel Defects

Scott C. Turner

Recent reports of a quality crisis in the solar panel industry, following years of exploding growth and intense price pressure, have raised the specter of a wave of litigation.

Features

A Lesson from the Snowden Manhunt Image

A Lesson from the Snowden Manhunt

Thomas E. Zeno

A sobering lesson to everyone who makes a certification to the government: the importance of background checks.

Features

Compete or Enforce? Image

Compete or Enforce?

Jay R. Nanavati & Justin Thornton

The U.S. is stepping up its criminal and civil tax enforcement in a two-pronged attack.

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MOST POPULAR STORIES

  • Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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